Terms and Conditions
DE LA ESPADA SELLING POLICY
This Selling Policy supersedes all previous selling policies relating to sales through De La Espada. Prices, discounts and product offerings are subject to change without notice.
Terms & Conditions of Sales
Sales by De La Espada ("Seller") of De La Espada Product Lines (hereinafter "Products") are made only on the terms that are contained in this Selling Policy ("the Terms"). Seller hereby gives notice of its objection to any different or additional terms and conditions. Any sales made are expressly conditional upon Purchaser's assent to the terms and conditions set forth below. These terms and conditions may be modified or supplemented only by a written document signed by an authorized representative of Seller. These terms and conditions supersede any prior and/or contemporaneous agreements or correspondence between Purchaser and Seller. Seller reserves the right to change the Terms without notice.
The product reference number(s) contained on Seller's Order Acknowledgement shall be the final expression of the order.
An order is not binding on Seller until Purchaser has received Seller's Order Confirmation or Acknowledgement, which may be by electronic means.
Estimated Lead Times
We will provide you with an estimated delivery week upon placement of your order. This week is an indication only; actual week of arrival may differ due to circumstances out of our control.
All sales are final.
Changes to your order
Due to the short lead time of De La Espada furniture, the factory begins production shortly after orders are placed. Therefore we are only able to change your order if manufacturing has not already started.
Packing is tested for rigorous motion and transportation but is not guaranteed to protect Products from conditions over which the Seller has no control.
Delivery Access is your responsibility. It is your responsibility to check that all goods have free and easy access to its final destination.
Risk of loss passes to the Purchaser at time of shipment. Purchaser shall inspect all Products upon receipt for visible damage to the Product as well as the packaging. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes.
Purchaser must note any damages on the delivery receipt upon delivery and notify Customer Service. Any damages must be reported to Customer Service within 3 days of receipt. Seller will repair or replace Product damaged in shipment only if the Purchaser has notified Seller of the damage within 3 days of receipt. Seller will be responsible to file any claims with delivering carrier. All Product and packaging must be retained for inspection.
If Purchaser requests that an order be held or delayed, prices and terms and conditions in effect at time of order shall apply. Arrangements for holding/storage will be made directly between the Purchaser and the Seller. Any costs associated with the storage including demurrage, preparation for storage, storage charges and handling shall be billable by the carrier and payable by the Purchaser.
Seller shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority or of the Purchaser, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control.
If any such event occurs, Seller may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available Product or cancel any purchase order.
Cancellation of orders by Seller
Seller reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by Purchaser will be returned.
Compliance with Law
PURCHASER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, ORDINANCES, REGUALTIONS, RULES, AND STANDARDS RELATING TO THE INSTALLATION, MAINTENANCE, USE AND OPERATION OF THE PRODUCTS.
Limitations of Liability
Seller, its contractors and subcontractors or suppliers of any tier shall not be liable to Purchaser for any special, indirect, incidental or consequential damages arising from Products or from a breach of this Agreement.
Purchaser's remedies set forth herein are exclusive and the liability of Seller with respect to the breach of this Agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the Product(s) or part on which such liability is based.
To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.
Choice of Law and Forum; Arbitration
The Terms will be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in New York County, New York. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
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